[Amended 12-13-1995 by L.L. No. 9-1995]
This chapter is enacted pursuant to §§ 276 through
279 of the New York Town Law and § 10 of the Municipal Home
Rule Law.
It is the policy of the Town of Ogden to provide for orderly
growth and development of the Town, while respecting the rights of
property owners. This chapter establishes requirements for approval
of subdivision plats. The procedures contained herein are designed
to safeguard the community and assure that the requirements and standards
for land subdivision contained herein are fulfilled and that the public
health, safety and welfare are protected.
This chapter shall be known as the "Subdivision Law of the Town
of Ogden."
For a resubdivision, the same procedure shall apply as for a
subdivision. If the proposed resubdivision consists solely of the
simple alteration of lot lines, then normal subdivision procedures
may be waived at the discretion of the Planning Board.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
The Building Department of the Town of Ogden. This Department
serves as the main intake point for applications under this chapter.
The office of the Secretary of the Planning Board is located in this
Department.[1]
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
The plan prepared by the Planning Board, pursuant to § 272-a
of the Town Law, adopted August 13, 1992, and updated thereafter,
which indicates the general locations recommended for various functional
classes of public works, places and structures and for the general
physical development of the Town and includes any unit or part of
such plan separately prepared and any amendment to such plan or parts
therein.[2]
The approval by the Planning Board of such plats subject
to conditions set forth in the resolution conditionally approving
such plat. Such "conditional approval" does not qualify a final plat
for recording nor authorize issuance of building permits prior to
the signing of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of the Monroe County
Clerk.
A street or a portion of a street with only one vehicular
traffic outlet.
Authorization by property owners for the use by another of
any designated part of their property and for a specified purpose.
A person licensed as a professional engineer by the State
of New York.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy-traffic-generating areas.
Any subdivision not classified as a "minor subdivision,"
including but not limited to subdivisions of five or more lots, subdivisions
where any lot created is under five acres or has less than 300 feet
of frontage on an existing street, road or highway or a subdivision
requiring any new street or extension of municipal facilities, regardless
of the size of any lots created.
A street intended to serve primarily as an access to abutting
properties.
Any subdivision containing four or fewer lots, where each
lot is at least five acres in area and has at least 300 feet of frontage
on an existing street, road or highway.
[Amended 12-13-1995 by L.L. No. 9-1995]
The map established by the Town Board, pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
Any subdivision consisting of one building site on a piece
of land owned by the applicant. If more than one lot is created, the
plan will be classified as a "major subdivision" or a "minor subdivision."
The Planning Board of the Town of Ogden.
A drawing or drawings clearly marked "preliminary plan" showing the layout of a proposed subdivision prepared in accordance with Article III of this chapter.
[Amended 12-13-1995 by L.L. No. 9-1995]
That person who shall be designated to perform the duties
of the Secretary of the Planning Board for all purposes of this chapter.
[Amended 12-13-1995 by L.L. No. 9-1995]
A sketch of a proposed subdivision showing the information specified in Article III. The purpose of a "sketch plan" is to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the proposed layout and the objectives of this chapter.
Includes streets, roads, avenues, lanes or other trafficways
between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width or right-of-way, measured at right angles to the
center line of the street.
Any persons, firms, corporations, partnerships or associations
who shall lay out any subdivision or part thereof as defined herein,
either for themselves or others. Where it is not otherwise inconsistent
with the language in this chapter, the term "subdivider" shall also
refer to any person, firm, corporation, partnership or association
who applies for a one-lot subdivision.
The division of land into two or more lots, blocks or parcels.
[Amended 12-13-1995 by L.L. No. 9-1995]
A person licensed as a land surveyor by the State of New
York.
The Town Board of the Town of Ogden.
The duly designated Engineer of the Town.
[3]
Editor's Note: The current Town Design Criteria and Construction
Standards are on file in the Town offices.
All ordinances or regulations and all amendments thereto having
to do with subdivision procedures are hereby repealed, with the provision
that violations of those ordinances or regulations and all amendments
thereto shall remain violations to the extent that the matters in
violation do not conform to the provisions of this chapter.
The adoption of this chapter shall not affect or impair any
act done, offense committed or right accrued or acquired or liability,
penalty, forfeiture or punishment incurred prior to the time this
chapter takes effect under the regulations relative to subdivisions
in the Town.
The Town of Ogden Planning Board was created pursuant to § 271
of the Town Law on December 10, 1969. The Planning Board consists
of members who are appointed by the Town Board in the manner prescribed
by the Town Law. For the purpose of this chapter, the normal continuance
of the existing Planning Board is established. The Planning Board
shall have the power to pursue all those duties properly delegated
to it by the Town Board. The Planning Board shall establish such rules
and regulations as are necessary for the transaction of its business
and may modify, amend and repeal the same.
[Amended 12-13-1995 by L.L. No. 9-1995]
Any person, firm or corporation who fails to comply with or
violates any of the provisions of this chapter shall be subject to
a fine of not less than $50 nor more than $1,000 or to imprisonment
for a period of not less than one day nor more than one year, or both
such fine and imprisonment, or by a penalty of $2,500 to be recovered
by the Town of Ogden in a civil action. Each continued day of violation
shall constitute a separate offense.
In addition to the action authorized by § 254-9, appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises.
[Amended 2-26-2003 by L.L. No. 5-2003]
A.
Where the Planning Board or Building Inspector finds that, due to the special circumstances of a particular plat, the application of certain parts of this chapter is not necessary to protect the public health, safety and general welfare, either may recommend the waiver of such parts of this chapter subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 300, Zoning. Further, it is the intent of this waiver to be limited to simple movements of property lines, the simple combination of two or more lots, and/or movement of approved location for proposed structures of up to 10% of the existing depth or width, but not to exceed 50 feet.[1]
B.
In granting such waivers, either the Planning Board or Building Inspector
shall require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so waived.
(1)
The process of said waiver shall include, but not be limited to,
the additional review of the proposed plat by the Planning Board Chairperson,
Planning Board Attorney, Highway Superintendent and Town Engineer.
The signatures of approval by these individuals and the Building Inspector
shall be required in a signature block prior to the approval of the
plat;
(2)
A fee shall be collected by the Building Inspector, as set by the
Town Board;
(3)
Certified maps and applicable descriptions shall be filed with Monroe
County.
C.
Nothing in this section shall be construed to give to the Planning
Board or Building Inspector any authority reserved to the Ogden Zoning
Board of Appeals.
[Added 12-13-1995 by L.L.
No. 9-1995]
A recreation fee shall be charged on a per-unit basis, as established
from time to time by the Town Board and collected at the time the
certificate of occupancy is granted.
